Legal Question in Family Law in Georgia

Re: Joint custody

Goegria law currently (until January 1 2008) provides that a child 14 or over has the right to select his custodial parent and the selection must be followed by the Court unless the selected parent is unfit. For cases filed after January 1, 2008, the child's choice will be considered and listened to by the Court but the Court may choose not to follow the child's choice if it finds that is not in the best interest of the child.

If your child will turn 14 before January 1,you may wish to consider filing a change of custody action before that date.

Re: Joint custody

At 13 years of age the court takes into consideration the wishes of the child. At 14, as the law now stands, the election must be followed unless the elected parent is unfit. Although the law is changing in 2008, I believe the Court will strongly consider the wishes of a 14 year old. A modification of custody would need to be filed with your child's election. Unfortunately, if the other parent does not consent to the change, the child can be left in a stressful and unhappy household until the Court makes its decision. The custodial parent can make life miserable until the change is granted. For this reason the child needs to be sure of his decision prior to making the election.